Buying a house where neighbour has rights to enter our land for repairs, maintenance etc

visi

TBagpuss said:

It's reasonable for you to look at the wording and make sure you understand it, but as others have said, it's probably not as big an issue as you think.
If you have the exact wording then people here may be able to comment on what it would or wouldnt include. 

Charges Register Item 3 (08.08.2011) The land tinted blue on the title plan is subject to the following rights granted by a Deed of Release and Confirmation dated 21 June 2002 made between (1) Stella Louise Rowe (“Mrs Rowe”) and (2) Mary Laura James (“Mrs James”):- "Mrs Rowe for herself and her successors in title with full title guarantee hereby grants and confirms unto Mrs James and her successors in title owner or owners for the time being of the Second Property and their tenants servants and licensees and all other persons authorised by them full right and liberty to enter onto Mananin Cottage as shown edged red on the plan annexed hereto with or without machinery and materials for the purpose only of inspecting repairing maintaining and rebuilding those parts of the dwellinghouse at present erected on the Second Property including if necessary the erection of scaffolding TO HOLD unto Mrs James in fee simple subject to the grant herin contained being exercised: (a) Upon at least forty eight hours notice except in the case of emergency (b) Causing as little inconvenience as possible to the owners and occupiers of Mananin Cottage as shown edged red on the said plan. (c) Causing as little damage as possible and making good all damage occasioned and paying compensation for any damage which is not capable of being made good, such compensation to to be settled in the case of dispute by a single arbitrator appointed by the President from time to time of the Royal Institute of Chartered Surveyors in accordance with the Arbitration Act 1995 or any statuory modification or re-enactment thereof." NOTE: The Second Property referred to above is tinted pink on the title plan. The land tinted blue on the title plan forms part of the land edged red referred to."

Singlespeeder

"to enter onto Mananin Cottage as shown edged red on the plan annexed hereto with or without machinery and materials for the purpose only of inspecting repairing maintaining and rebuilding those parts of the dwellinghouse at present erected on the Second Property including if necessary the erection of scaffolding "
I read that as they, or people authorised by them can access across your garden ONLY for the purposes of maintenance if required.... they need to ask 2 days in advance, unless it's an emergency .... and they have to basically leave it as they find it.
I doubt they'll be in and out often, and as a good neighbour, surely you'd allow this anyway? Karma, what goes around, comes around.

visi

Singlespeeder said:

"to enter onto Mananin Cottage as shown edged red on the plan annexed hereto with or without machinery and materials for the purpose only of inspecting repairing maintaining and rebuilding those parts of the dwellinghouse at present erected on the Second Property including if necessary the erection of scaffolding "
I read that as they, or people authorised by them can access across your garden ONLY for the purposes of maintenance if required.... they need to ask 2 days in advance, unless it's an emergency .... and they have to basically leave it as they find it.
I doubt they'll be in and out often, and as a good neighbour, surely you'd allow this anyway? Karma, what goes around, comes around.

They don't need to ask us - all they need to do is tell us.  And it also says "with or without machinery and materials"  

Seashell517

visi said:

Singlespeeder said:

"to enter onto Mananin Cottage as shown edged red on the plan annexed hereto with or without machinery and materials for the purpose only of inspecting repairing maintaining and rebuilding those parts of the dwellinghouse at present erected on the Second Property including if necessary the erection of scaffolding "
I read that as they, or people authorised by them can access across your garden ONLY for the purposes of maintenance if required.... they need to ask 2 days in advance, unless it's an emergency .... and they have to basically leave it as they find it.
I doubt they'll be in and out often, and as a good neighbour, surely you'd allow this anyway? Karma, what goes around, comes around.

They don't need to ask us - all they need to do is tell us.  And it also says "with or without machinery and materials"  

It doesn't say that they have a right to leave those machines and materials in your garden though. Access and storage are not the same thing. Scaffolding gets a mention because it's not practical to put that up and take it down again every day.

Josquin

Rights for neighbour written into deeds of a house i wanted to buy?

No thanks.

Neighbours can change etc etc etc.

I would not want that kind of permanent thing hanging around thanks.

davidmcn

visi said:

Singlespeeder said:

"to enter onto Mananin Cottage as shown edged red on the plan annexed hereto with or without machinery and materials for the purpose only of inspecting repairing maintaining and rebuilding those parts of the dwellinghouse at present erected on the Second Property including if necessary the erection of scaffolding "
I read that as they, or people authorised by them can access across your garden ONLY for the purposes of maintenance if required.... they need to ask 2 days in advance, unless it's an emergency .... and they have to basically leave it as they find it.
I doubt they'll be in and out often, and as a good neighbour, surely you'd allow this anyway? Karma, what goes around, comes around.

They don't need to ask us - all they need to do is tell us.  And it also says "with or without machinery and materials"  

Yes, they can take access with their machinery and materials - that doesn't mean they can set up some sort of site compound and store their machinery and materials on your land.

benson1980

It's probably nothing to be concerned about, dependent upon how you feel about boundaries/neighbour relations in general. We bought a house with a boundary dispute ongoing during purchase and finalised via a covenant that reads very similarly to your prospective purchase. It basically revolved around a really petty dispute regarding the neighbours maintenance of boundary walls/fences etc being a little lacking- but rather than trying to smooth over such issues via communication it just appeared to get way out of hand via solicitors and county court. With all of our houses there has been at least one neighbour not the least bit interested in maintenance of boundaries that are technically theirs, or shared, and in a couple of instances we have just put up our own fence or planted our own hedge, and maintained reasonably good relations for the sake of ease and just made sure they were reasonably happy with what we were proposing to do...

If our neighbours want to come round to maintain their boundary wall- as far as we are concerned it is neighbourly anyway to grant them access and why would't we want them to? Again, this was part of the reason it just got completely out of hand and our rather retentive sellers wanted a binding court agreement stipulating what land they could encroach, and prescriptive conditions. 

Prior to exchange we just spoke to the neighbour, and got a feel for what the issue was- which wasn't very much. We moved in and there have been absolutely no problems.

NameUnavailable

visi said:

Singlespeeder said:

"to enter onto Mananin Cottage as shown edged red on the plan annexed hereto with or without machinery and materials for the purpose only of inspecting repairing maintaining and rebuilding those parts of the dwellinghouse at present erected on the Second Property including if necessary the erection of scaffolding "
I read that as they, or people authorised by them can access across your garden ONLY for the purposes of maintenance if required.... they need to ask 2 days in advance, unless it's an emergency .... and they have to basically leave it as they find it.
I doubt they'll be in and out often, and as a good neighbour, surely you'd allow this anyway? Karma, what goes around, comes around.

They don't need to ask us - all they need to do is tell us.  And it also says "with or without machinery and materials"  

And how do you think they'd fix anything without being able to take materials or tools with them?

This is clearly a red line for you so just pull out and find another property. Nothing else you can do about it.

mobileron

Do you have the rights to go onto there land for repairs?

GixerKate

If you feel that strongly about it then time to walk away and find a different property that's less stressful for you.

I don't see a problem with the wording if I'm honest, yes it allows access if they need to repair their property and then they have to make sure that everything is put right again afterwards.